Summary: We will not investigate Miss X’s complaint about the Council’s actions in respect of the elective home education she is providing to her son. This is because Miss X’s complaint is inextricably linked to matters subject to court proceedings and is therefore outside the Ombudsman’s jurisdiction.

The complaint

1. The complainant, whom I shall refer to as Miss X, complained the Council has not followed the law and guidance when requesting information about the suitability of the home education she is providing to her son.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Parents have a right to educate their children at home. This can include the use of tutors or parental support groups. Elective home education is distinct from education provided by a council otherwise than at school, for example, when a child is too ill to attend.
7. Councils have a duty to make arrangements to enable them to identify children in their area of compulsory school age who are not registered pupils at a school (including academies and free schools) and are not receiving suitable education otherwise.
8. The Department for Education (DfE) issued new guidance in April 2019 to reflect the growing concern about children being educated at home who may not be receiving a suitable education or who may be at risk of harm.
9. Councils do not regulate home education. However, the law requires councils to enquire about what education is being provided when a child is not attending school full-time.
10. The information needed to satisfy the test of whether suitable education is being provided depends on the facts of the case and judgement of the council.
11. Miss X is unhappy with the information the Council has asked for to decide whether she is providing her son with a suitable education. Miss X wants the Council to change its policy.
12. A group of parents, who are electively educating their children at home, now have leave to pursue a judicial review of the Council’s policies and the information the Council is seeking to determine whether the education, which the parents are providing, is suitable.
13. Miss X is not personally named in this legal action. But her complaint is inextricably linked to the matter which will be put before the court. We cannot consider the same issue which will be considered by the courts via judicial review. We will not therefore investigate Miss X’s complaint. The judicial review will effectively determine if the Council should change its policy which is the issue at the heart of Miss X’s complaint.

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Final decision

14. We will not investigate Miss X’s complaint. This is because it is inextricably linked to matters subject to court proceedings and is therefore outside the Ombudsman’s jurisdiction.

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Investigator's decision on behalf of the Ombudsman